Common use of Incremental Revolving Commitment Increase Clause in Contracts

Incremental Revolving Commitment Increase. (a) The Borrowers and each 2018 Revolving Increase Lender hereby agree that, on the Amendment No. 5 Effective Date immediately after the establishment of the 2018 Revolving Credit Commitments, the Incremental Revolving Commitment Increase of such 2018 Revolving Increase Lender shall become effective and the 2018 Revolving Credit Commitments shall be deemed increased by the aggregate amount of the Incremental Revolving Commitment Increases of such 2018 Revolving Increase Lenders in the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.20 of the Credit Agreement, the Incremental Revolving Commitment Increases shall be 2018 Revolving Credit Commitments for all purposes under the Credit Agreement and each of the other Loan Documents and shall be of the same Class as, and shall have terms identical to, the 2018 Revolving Credit Commitments. (b) Each 2018 Revolving Increase Lender acknowledges and agrees that upon the effectiveness of this Amendment on the Amendment No. 5 Effective Date, such 2018 Revolving Increase Lender shall be a Lender under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender thereunder. (c) This Amendment shall constitute an Incremental Amendment with respect to the Incremental Revolving Commitment Increase for all purposes under the Credit Agreement.

Incremental Revolving Commitment Increase. (a) The Borrowers and each 2018 Each Incremental Amendment Revolving Increase Lender hereby agree thatagrees, severally and not jointly, to make an Incremental Amendment Revolving Commitment Increase to the Borrower on the Incremental Amendment Effective Date in an aggregate principal amount equal to the amount set forth opposite such Incremental Amendment Revolving Lender’s name on Schedule I attached hereto, on the terms set forth herein and in the Credit Agreement (as amended hereby), and subject to the conditions set forth below. The Incremental Amendment No. 5 Effective Date immediately after the establishment of the 2018 Revolving Credit Commitments, the Commitment Increase is an “Incremental Revolving Commitment Increase of such 2018 Revolving Increase Lender shall become effective and the 2018 Revolving Credit Commitments shall be deemed increased Increase” as contemplated by the aggregate amount of the Incremental Revolving Commitment Increases of such 2018 Revolving Increase Lenders in the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.20 of the Credit Agreement, the Incremental Revolving Commitment Increases Agreement and shall be 2018 deemed to be “Revolving Commitments” as defined in the Credit Commitments Agreement (as amended hereby) for all purposes under of the Credit Agreement and each of the other Loan Documents having terms and provisions identical to those applicable to the Revolving Commitments outstanding on the date hereof immediately prior to the Incremental Amendment Effective Date (the “Existing Revolving Commitments”) except as otherwise set forth in this Amendment. The Incremental Amendment Revolving Commitment Increase shall be incurred pursuant to clause II(a) of the same definition of “Incremental Cap” in accordance with Section 2.20(a). (a) The Incremental Amendment Revolving Commitment Increase will constitute an Incremental Revolving Commitment Increase to the Existing Revolving Commitments and will, together with the Existing Revolving Commitments, be treated as one Class as, and shall have terms identical to, the 2018 of Revolving Credit Commitments. (b) Each 2018 Incremental Amendment Revolving Lender that is an Additional Revolving Lender (i) confirms that a copy of the Credit Agreement and the other applicable Loan Documents, together with copies of the financial statements referred to therein and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment and make an Incremental Revolving Commitment Increase and an Incremental Amendment LC Commitment, have been made available to such Incremental Amendment Revolving Lender; (ii) agrees that it will (together with any affiliates that it acts through as it deems appropriate), independently and without reliance upon the Administrative Agent or Jefferies Finance LLC in its capacity as the Administrative Agent, or any other Lender or agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Credit Agreement or the other applicable Loan Documents, including this Amendment; (iii) appoints and authorizes the Administrative Agent and the Collateral Agent to take such action as agent on its behalf and to exercise such powers under the Credit Agreement and the other Loan Documents as are delegated to the Administrative Agent and the Collateral Agent, as the case may be, by the terms thereof, together with such powers as are reasonably incidental thereto; and (iv) acknowledges and agrees that upon the effectiveness of this Incremental Amendment on the Effective Date (as defined below) (x) such Incremental Amendment No. 5 Effective Date, such 2018 Revolving Increase Lender shall be a Lender “Lender” and an “Additional Revolving Lender” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations of and shall have all rights of a Lender and an Additional Revolving Lender thereunder and (y) such Incremental Amendment Revolving Lender shall be an “Issuing Bank” under, and for all purposes of, the Credit Agreement and the other Loan Documents, and shall be subject to and bound by the terms thereof, and shall perform all the obligations and have all the rights of an Issuing Bank thereunder. (c) This To the extent their respective consent is required under Section 9.04(b) of the Credit Agreement, each of the First Lien Administrative Agent, the Borrower and each Issuing Bank hereby consents to the identity of the Incremental Amendment shall constitute Revolving Lenders. (d) On the Incremental Amendment Effective Date, each Revolving Lender that is not an Incremental Amendment with respect Revolving Lender (each, a “Non-Increasing Revolving Lender”) will automatically and without further act be deemed to have assigned to each Incremental Amendment Revolving Lender, and each such Incremental Amendment Revolving Lender will automatically and without further act be deemed to have assumed, a portion of the Incremental Revolving Commitment Increase for all purposes participations in outstanding Letters of Credit under the Credit AgreementAgreement of such Non-Increasing Revolving Lender such that, after giving effect to each such deemed assignment and assumption of participations, the participations under the Credit Agreement in Letters of Credit will held by the Revolving Lenders pro rata in accordance with their Applicable Percentages.

Incremental Revolving Commitment Increase. (a) The Borrowers and each 2018 Revolving Increase Lender hereby agree that, on the Amendment No. 5 Effective Date immediately after the establishment of the 2018 Revolving Credit Commitments, the Incremental Revolving Commitment Increase of such 2018 Revolving Increase Lender shall become effective and the 2018 Revolving Credit Commitments shall be deemed increased by the aggregate amount of the Incremental Revolving Commitment Increases of such 2018 Revolving Increase Lenders in the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.20 2.21 of the Credit Agreement, the Borrowers confirm and agree that they have requested an increase in the aggregate amount of the existing Revolving Commitments through the establishment of an Incremental Revolving Commitment Increases shall be 2018 Revolving Credit Commitments for all purposes under Increase in an aggregate principal amount of $150,000,000 on the Credit Agreement and each of the other Loan Documents and shall be of the same Class as, and shall have terms identical to, the 2018 Revolving Credit CommitmentsEffective Date (as defined below). (b) Each 2018 Incremental Revolving Increase Lender acknowledges party hereto hereby agrees (i) that effective on and agrees that upon at all times after the effectiveness of this Amendment on the Amendment No. 5 Effective Date, such 2018 Incremental Revolving Increase Lender shall will be bound by all obligations of a Lender under, and for all purposes of, under the Credit Agreement and (ii) to provide a portion of the other Loan DocumentsIncremental Revolving Commitments in the aggregate principal amount set forth opposite its name on Schedule 1 hereto, and which shall be subject Revolving Commitments under the Existing Credit Agreement as amended by this Amendment. Each of the parties hereto hereby agrees that the Incremental Revolving Commitments constitute an Incremental Revolving Commitment Increase pursuant to Section 2.21 of the Existing Credit Agreement and bound by that this Amendment (including, for the terms thereofavoidance of doubt, and the Amended Credit Agreement) shall perform all be deemed to be an Incremental Facility Agreement effecting such amendments to the obligations Existing Credit Agreement as may be necessary or appropriate to give effect to the provisions of and shall have all rights Section 2.21 of a Lender thereunderthe Existing Credit Agreement in connection with such Incremental Revolving Commitment Increase. (c) This Amendment Schedule 2.01 hereto sets forth, as of the Effective Date, the Revolving Commitments of each Revolving Lender after giving effect to this Amendment. (d) Pursuant to Section 2.21(e) of the Credit Agreement, on the Effective Date, each Revolving Lender shall constitute an assign to each Incremental Amendment Revolving Lender, and each Incremental Revolving Lender shall purchase from each Revolving Lender, at the principal amount thereof (together with respect accrued interest), such interests in the Revolving Loans and participations in Letters of Credit and Swingline Loans outstanding on such date as shall be necessary in order that, after giving effect to all such assignments and purchases, such Revolving Loans and participations in Letters of Credit and Swingline Loans will be held by all the Revolving Lenders ratably in accordance with their Applicable Percentages after giving effect to the effectiveness of the Incremental Revolving Commitment Increase for all purposes under the Credit AgreementIncrease.

Incremental Revolving Commitment Increase. (a) The Borrowers and each 2018 Revolving Increase Lender hereby agree that, on the Amendment No. 5 Effective Date immediately after the establishment of the 2018 Revolving Credit Commitments, the Incremental Revolving Commitment Increase of such 2018 Revolving Increase Lender shall become effective and the 2018 Revolving Credit Commitments shall be deemed increased by the aggregate amount of the Incremental Revolving Commitment Increases of such 2018 Revolving Increase Lenders in the amounts set forth on Schedule 1 hereto. Pursuant to Section 2.20 2.21 of the Credit Agreement, the Borrowers confirm and agree that they have requested an increase in the aggregate amount of the existing Revolving Commitments through the establishment of an Incremental Revolving Commitment Increases shall be 2018 Revolving Credit Commitments for all purposes under Increase in an aggregate principal amount of $200,000,000 on the Credit Agreement and each of the other Loan Documents and shall be of the same Class as, and shall have terms identical to, the 2018 Revolving Credit CommitmentsEffective Date (as defined below). (b) Each 2018 Incremental Revolving Increase Lender acknowledges party hereto hereby agrees (i) that effective on and agrees that upon at all times after the effectiveness of this Amendment on the Amendment No. 5 Effective Date, such 2018 Incremental Revolving Increase Lender shall will be bound by all obligations of a Lender under, and for all purposes of, under the Credit Agreement and (ii) to provide a portion of the other Loan DocumentsIncremental Revolving Commitments in the aggregate principal amount set forth opposite its name on Schedule 1 hereto, and which shall be subject Revolving Commitments under the Existing Credit Agreement as amended by this Amendment. Each of the parties hereto hereby agrees that the Incremental Revolving Commitments constitute an Incremental Revolving Commitment Increase pursuant to Section 2.21 of the Existing Credit Agreement and bound by that this Amendment (including, for the terms thereofavoidance of doubt, and the Amended Credit Agreement) shall perform all be deemed to be an Incremental Facility Agreement effecting such amendments to the obligations Existing Credit Agreement as may be necessary or appropriate to give effect to the provisions of and shall have all rights Section 2.21 of a Lender thereunderthe Existing Credit Agreement in connection with such Incremental Revolving Commitment Increase. (c) This Amendment shall constitute an Incremental Amendment with respect Schedule 2.01 hereto sets forth, as of the Effective Date, the Revolving Commitments of each Revolving Lender after giving effect to the Incremental Revolving Commitment Increase for all purposes under Commitments and the assignments set forth in Section 1(d) of this Amendment. (d) Pursuant to Section 2.21(e) of the Credit Agreement, on the Effective Date, each Revolving Lender shall assign to each Incremental Revolving Lender, and each Incremental Revolving Lender shall purchase from each Revolving Lender, at the principal amount thereof (together with accrued interest), such interests in the Revolving Loans and participations in Letters of Credit and Swingline Loans outstanding on such date as shall be necessary in order that, after giving effect to all such assignments and purchases, such Revolving Loans and participations in Letters of Credit and Swingline Loans will be held by all the Revolving Lenders ratably in accordance with their Applicable Percentages after giving effect to the effectiveness of the Incremental Revolving Commitment Increase.